EVIDENCE

◾️THE REVISED RULES ON

◾️EVIDENCE (A.M. NO. 19-08-15- SC)

What is evidence?
A: Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. (Sec. 1, Rule 128)

FOUR COMPONENT ELEMENTS OF EVIDENCE

◾️MEANS OF ASCERTAINMENT - includes not only the procedure or manner of ascertainme
but also the evidentiary fact from which the truth respecting a matter of
fact may be ascertained.
◾️SANCTIONED BY THE RULES - not excluded by the Rules of Court.
◾️IN A JUDICIAL PROCEEDING - contemplates an action or proceeding filed in a court
of law
◾️THE TRUTH RESPECTING A MATTER OF FACT - refers to an issue of fact and is both
substantive (determines the facts needed to be established) and procedural (governs
the manner of proving said facts).

◾️Q: Why is Evidence required?

A: It is require because of the presumption that the
court is not aware of the veracity of the facts involved in a case. It is therefore
incumbent upon the parties to prove a fact in issue thru the presentation of
admissible evidence.

◾️Q: When is evidence not required?

• Where no factua
⁃ sue exists in a case.
• Where the case presents only a question of law, such question is
resolved by the mere application of the relevant statutes.
• When the pleadings in a civil case do not tender an issue in faci
• When the parties agree upon the facts of the case.
• When matters are of judicial notice.
• When matters are judicially admitted by the parties

◾️Q: In what cases will the Rules on Evidence not apply?

• Election Cases;
• Land Registration;
• Cadastral;
• Naturalization;
• Insolvency proceedings; and
• Other cases, except by analogy or in whenever practicable and
conversation
◾️Proof vs. Evidence
PROOF EVIDENCE
quantum of evidence of a particular fact has been duly admitted and given weight.
The effect when the requisite • The mode and manner of proving
competent facts - in judicial
proceedings.
• The probative effect of evidence The means of proof

◾️Factum Probans vs. Factum Probandum

Factumn Probandum Factum Probans
• Ultimate fact or the fact sought to be established. The evidentiary fact or the
fact by which the factum probandum is to be established
• Refers to the proposition • Refers to the materials which established the
proposition.
• Hypothetical • Existent
◾️CLASSIFICATIONS OF EVIDENCE
AS TO FORM:
▪️
Object/Real/Physical/Autoptic Evidence - is directly addressed to the senses of
the court. These are tangible things exhibited or demonstrated.
▪️
Documentary Evidence - consist of writing or any material containing letters,
words, numbers, figures, symbols or other modes of written expression offered as
proof of their contents
▪️
Testimonial Evidence - one which consists of the narration or deposition by one
who has observed or has personal knowledge of that to which he is testifying.

◾️CLASSIFICATIONS OF EVIDENCE
AS TO QUALITY:
▪️
Relevant Evidence - having any value in reason as tending to prove any matter
probable in an Action.
▪️
Material Evidence - is directed to prove a fact in issue as determined by the rule
of substantive law and pleadings.
▪️
Competent Evidence - one that is not excluded by Rules, law or
Constitution

CLASSIFICATIONS OF EVIDENCE
AS TO ITS ABILITY TO ESTABLISH THE FACT IN DISPUTE:
▪️
Direct Evidence - Is that which proves the fact in dispute without the aid of any
interference or presumption.
▪️
Circumstantial Evidence - proof of a fact or facts from which, taken singly or
collectively, the existence of the particular fact in dispute may be inferred as a
necessary or probable consequence.

CLASSIFICATIONS OF EVIDENCE
AS TO THE DEGREE OF ITS VALUE IN ESTABLISHING A DISPUTED FACT:
▪️
Cumulative Evidence - one which is of the same kind and character as
that already given and tends to prove the same point.
▪️
Corroborative Evidence - additional evidence of a different kind and character as
that already given and tends to prove the same proposition.

CLASSIFICATIONS OF EVIDENCE
AS TO REQUIREMENT OF FURTHER PROOF:
▪️
Prima facie Evidence - that which standing alone unexplained or uncontradicted, is
sufficient to maintain the position affirmed.
▪️
Conclusive Evidence - one which the law does not allow to be
contradicted.

CLASSIFICATIONS OF EVIDENCE
AS TO ITS WEIGHT AND ACCEPTABILITY:
▪️
Primary or Best Evidence - that which the law regards as affording the
greatest certainty of the fact in question.
▪️
Secondary or Substitutionary Evidence - that which is inferior to primary evidence
and is permitted by law only when the best evidence is not available.

CLASSIFICATIONS OF EVIDENCE
AS TO WHETHER AN EVIDENCE AFFIRMS OR DENIES A FACT:
▪️
Positive Evidence - Evidence when witness affirms that a fact did or did
not occur.
▪️
Negative Evidence - When the witness states he did not see or know of the
occurrence of a fact.

CLASSIFICATIONS OF EVIDENCE
▪️
Rebuttal a Sur-rebuttal Evidence - is that which is given to explain,repel,
counteract or disprove facts given in evidence by adverse party.

Q: When evidence is ADMISSIBLE?

☑️when it is Relevant
It must have a relation to the fact in issue as to induce belief of its existence
or non-existence
☑️Determined by the rules of logic and human experience.
▪️
When it is Competent
☑️When not excluded by the law or by the Rules of Court.
☑️Determined by the prevailing exclusionary rules on evidence.
Note: The weight however of admissible evidence depends on judicial evaluation
within the Rule 133 and rules of the SC.

Q: When evidence is ADMISSIBLE?

• When it is Relevant☑️/ It must have a relation to the fact in issue as
▪️
to inuuce belief of its existence ornon-existence
• ☑️Determined by the rules of logic and human experience.
• ▪️
When it is Competent
• ☑️When not excluded by the law or by the Rules of Court.
• ☑️Determined by the prevailing exclusionary rules on evidence

Note: The weight however of admissible evidence depends on judicial evaluation

within the Rule 133 and rules of the SC.

Q: When is admissibility determined?

☑️at the time it is OFFERED to the court
▪️
Real Evidence offered
☑️when the same is presented for its view or evaluation
☑️when the party rests his case and the real evidence consists of objects exhibited
in court
▪️
Testimonial Evidence
☑️offered by the calling of the witness to the stand
▪️
Documentary Evidence
☑️offered by the proponent immediately before he rests his case

▪️
Q: When should admissibility be objected?
☑️At the time evidence is offered to the c
☑️As soon thereafter as the objection to its ad, rissibility shall have become
apparent.
▪️
Objection to the qualification of the witness
☑️made at the time such person is called to the stand
▪️
Objection to the testimony:
☑️made at the time the question is asked or after the answer is given when the
objectionable features become apparent by reason of the answer.

Note: if not done within such time - right to object is deemed WAIVED

Doctrines and Rules of Admissibility Sanctioned by the Supreme Court be objected

1. CONDITIONAL ADMISSIBILITY
☑️When the evidence at the time it is offered appears to be immaterial or
irrelevant, such evidence may be received on condition that the other facts will be
proved thereafter.
☑️If not proved subsequently, evidence given will be stricken out.
REQUISITE: There should be no bad faith on the part of the proponent. (necessary to
avoid unfair surprises)

Doctrines and Rules of Admissibility Sanctioned by the Supreme Court be objected

2. MULTIPLE ADMISSIBILITY
• When the evidence is relevant AND competent for two or more purposes,
such evidence should be admitted for any or all the purposes for which it is
offered
• PROVIDED it must satisfy all the requirements for its admissibility.
3. CURATIVE ADMISSIBILITY
• Evidence that is otherwise improper is admitted (despite objection from the other
party) to contradict improper evidence presented or introduced by the other party,
to cure, contradict or neutralize such improper evidence

BURDEN OF PROOF vs BURDEN OF EVIDENCE

BURDEN OF PROOF BURDEN OF EVIDENCE
• It is the duty of a party to present • evidence on the facts in issue necessary
to establish his claim or defense by the amount of evidence required by law. It is
the duty of a party to provide evidence at any stage of the trial until he has
established a prima facie case, or the like duty of the adverse party lo meet and
overthrow that prima facie case thus established
• Does not shift as it remains throughout • the entire case exactly where the
pleadings orginally placed it Shifts to the other party when one party has produced
sufficient evidence to be entitled to a ruling in his favor

Who has the burden of proof?

Prosecution - because of presumption of • innocence

CRIMINAL CASE
Accused - Vorsn he admits the offense/crime charged but raises justifying,
exempting circumstances, or absolutory causes.
What are the degrees of proof necessary to satisfy the burden of proof?
1. Civil case - Preponderance of evidence
2. Administrative case - Substantial evidence
3. Criminal case:
• During preliminary investigation - Well- founded belief as to the fact
of a crime commission
• Issuance of warrant of arrest - Probable cause
• To convict an accused - Evidence of guilt beyond reasonable doubt
• Accused claims justifying/exempting circumstances - Clear and
convincing evidence